Policy Regarding Use of Illegal Drugs and Alcohol

Note: These policies are from the 2013-2014 academic year. Some policies that reside on other websites have not been archived. View current policies →

The Health Risks Associated with the Use of Illegal Drugs and Alcohol

Student use of marijuana, LSD, amphetamines, sedatives, tranquilizers, stimulants, synthetic drugs, or other dangerous drugs or controlled substances (as defined by law) is a matter of concern to this educational institution. The University is also concerned about student abuse of alcohol, prescription medications, and inhalants.

Succeeding at the University requires a balanced, healthy lifestyle. Misuse of alcohol and the use of other drugs can interfere with or prolong a student’s academic career as well as cause legal, social, financial, and health problems. Alcohol and other drug-related accidents are a leading cause of death of people age 18-24 years old. As an educational institution, the University endeavors to protect and assist students by providing reliable information about the hazards of illegal drugs and alcohol.

Health risks include, but are not limited to, adverse modification of one or more body systems, such as the nervous, cardiovascular, respiratory, muscular, endocrine, and central nervous systems; toxic, allergic, or other serious reaction; unfavorable mood alteration, and addiction. Physiological and psychological dependency, which manifests itself in a preoccupation with acquiring and using one or more drugs, may cause severe emotional and physical injury.

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

Common side-effects of alcohol consumption include digestive complaints and sleep problems and may adversely affect a student’s academic performance. Because alcohol increases aggression, excessive consumption may lead to fighting, vandalism, criminal mischief, and verbal abuse. Alcohol abuse often plays a role in unwanted pregnancies and acquaintance rape. University of Iowa students who consume excessive amounts of alcohol have reported suffering from hangovers, missing class and/or work, and engaging in unintended or regretted sexual intercourse as a result of drinking alcohol.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.

The University of Iowa offers a range of services for persons who want to learn more about alcohol and other drugs, are concerned about their own or someone else’s substance abuse, or are recovering from substance abuse problems. More specific information about drugs and drug abuse is available through Student Health Service and the University Counseling Service. Any discussions between individuals and the professional staffs in these offices are treated as confidential information.

To assist students whose substance-related behavior may be causing legal, psychological, physical, or social problems, or jeopardizing their student status, the University maintains the student Substance Assistance Program, a component of Student Health Service. Services include substance abuse assessment and referral, outreach, education, and BASICS counseling. Students with concerns or questions are encouraged to contact Health Iowa at 335-8394 and talk with a Counselor or Health Educator.

Alcoholic Beverages

Alcoholic beverages may not be consumed, possessed, distributed, or sold on campus without specific authorization. Student consumption of alcoholic beverages is prohibited on campus except as hereafter provided.

Students who are 21 years of age may purchase and consume alcoholic beverages in the Iowa Memorial Union or within other restricted areas of campus described in the Alcohol Beverage Service Guidelines in theUniversity Operations ManualV.26.

A college or department may serve alcoholic beverages on campus only in accordance with the Alcohol Beverage Service Guidelines and with the permission of the Office of the Vice President for Student Life (hereinafter, “Office of the Vice President”). With the permission of the Vice President, a recognized student organization can sponsor an on-campus event where alcohol is served.

Alcoholic beverages may not be purchased or served at events sponsored by a recognized student organization or student government body, except in accordance with the Alcohol Beverage Service Guidelines, or with special permission from the Office of the Vice President. The scope of the prohibition includes student organization events which take place off campus as well as on-campus events. Alcoholic beverages cannot be purchased with mandatory student fees or with recognized student organization funds.

For purposes of this policy, any event held on property owned or controlled by a recognized student organization is considered to be an event sponsored by the organization. Recognized student organizations which own, lease, or otherwise control private property are responsible for ensuring that federal, state and local laws are observed at all times on their property. A chapter-sponsored event held at a third party venue with a liquor license must conform to any rules established by the relevant governing body (Interfraternity Council, Multicultural Greek Council, National Pan-Hellenic Council, or Panhellenic Council).

Illegal Drugs other than Alcohol

Students may not consume, possess, distribute, or sell illegal drugs on campus without specific authorization. The list of prohibited activity includes but is not limited to medications legally prescribed to one individual which are consumed by another individual without explicit permission from the physician who prescribed the medication. The unauthorized use of prescription drugs -- consuming, possessing, distributing, or selling – is prohibited. University policy also prohibits possession of drug paraphernalia.

In University Housing, restrictions on alcohol and illegal drug use, possession, and distribution are set forth in the University Housing Guidebook. Housing sanctions are set forth in the University Housing Guidebook. Sanctions for violations which occur outside of University Housing are set forth below.

Disciplinary Action

The University will not tolerate the use of drugs that are illegal. Students are expected to abide by the laws concerning controlled substances and alcoholic beverages. Students in violation of state or federal laws may face criminal prosecution, and the University will discipline students who possess or use illegal drugs or alcohol on campus or as part of any other activities of the University. Sanctions which may be imposed for possession or use of alcohol and other drugs in violation of the Code of Student Life include a written warning, probation, mandatory substance abuse evaluation, suspension, or expulsion. Recognized student organizations which fail to comply with University regulations governing alcohol and other drugs may be disciplined by the Dean of Students or by an appropriate governing body. The Dean of Students may revoke a group’s University recognition.

Illegal drug trafficking, including the sale, manufacture, distribution, or administration of illegal drugs, is viewed as a clear and present danger to the University community. Any student found to have sold, manufactured, distributed, or administered illegal drugs may be suspended or expelled (See Student Judicial Procedure). Students who violate the rights of others while under the influence of alcohol or drugs face serious disciplinary action up to and including suspension or expulsion.

In addition to disciplinary sanctions, substance abuse counseling is mandatory for violators. Students found to have violated this policy or who harm themselves or others while under the influence of illegal drugs or alcohol will be required to undergo a substance abuse evaluation and attend all education or treatment programs recommended as a result of the evaluation in order to re-enroll. The University may require a student recommended for inpatient treatment to enter a treatment program immediately in lieu of attending classes until the treatment is completed.

Reporting Drug Violations

Reports of illegal drug use on campus should be directed to the Department of Public Safety. Drug violations which occur off campus are investigated by the law enforcement agency in the jurisdiction in which the alleged illegal activity occurred. In the residence halls, residence hall staff members will investigate reports of drug use and may report to the Department of Public Safety. The Department of Public Safety, the Office of the Dean of Students, and University Housing publish a summary of drug-related complaints in their periodic reports.

Applicable Legal Sanctions

Both state and federal laws prohibit distribution of, manufacture of, or possession with intent to distribute a controlled substance or a counterfeit controlled substance. State penalties range from 5 years to life confinement and a fine of $1,000 to $1,000,000, depending upon the type and quantity of drug involved. Conviction may also result in the loss of state and federal benefits, such as grants, schools loan, or work assistance, during the time periods required by federal law. Specific drugs, amounts, and penalties are described in Iowa Code § 124 and summarized in Table C.

Maximum federal penalties range from 1 year confinement to life imprisonment and a fine of $250,000 to $4,000,000, depending upon the type and quantity of drug involved. Specific drugs, amounts, and penalties are described in Table B. State and federal legal sanctions are subject to change by the General Assembly and Congress, respectively.

Penalty Enhancement

The maximum term and fine increase significantly if state or federal penalty enhancement rules apply. Factors which raise maximum penalties under Federal penalty enhancement rules include death or serious bodily injury; prior drug conviction; placing at risk or distributing a drug to a person under 21 years old; using a person under 18 years of age to assist in the drug violation; and distributing or manufacturing a drug within 1,000 feet of school property, including the University of Iowa campus. Penalty enhancement rules apply to defendants age 18 years or older. Factors which raise maximum penalties under state penalty enhancement rules include using firearms or dangerous weapons in the commission of the offense; distributing or possessing with intent to distribute within 1,000 feet of school, public pool, or recreation center.

Possession

Both state and federal laws prohibit possession of a controlled substance. The maximum state and federal penalty for possession is confinement for 1 year and a fine of $1,500. The maximum term and fine increase significantly in the event that state or federal penalty enhancement rules apply. A person in possession of a small amount of a controlled substance for personal use may be assessed a civil fine up to $10,000 in addition to any criminal fine.

Under state law, a person found guilty of operating a motor vehicle while under the influence of drugs or alcohol, or of having an alcohol concentration of .08% or higher, or of having any amount of a controlled substance in the person's blood or urine, shall be imprisoned for not less than 48 hours and fined not less than $1,000 for the first offense. For the second OWI offense the minimum period of confinement is 7 days and a fine of not less than $1,500. The minimum period of confinement for the third or subsequent OWI conviction is 30 days, and could be up to 5 years, with a fine of not less than $2,500 and up to $7,500.

If a person under 21 years of age is operating a motor vehicle with an alcohol concentration of .02% or greater, the person's driver's license will be revoked for at least 60 days, even if the person is not legally intoxicated. If a person is operating while intoxicated, the person's driver's license will be revoked for at least 180 days.

Alcohol-Related Offenses

The drinking age in Iowa is 21. State law prohibits:

purchase or possession of alcohol under the drinking age;

giving or selling alcohol to a person under the drinking age;

driving a motor vehicle with an open container of alcohol in the passenger compartment;

giving or selling alcohol to an intoxicated person; and

public intoxication.

The City of Iowa City prohibits:

Consumption of an alcoholic beverage in a public place;

Possession of an unsealed receptacle containing an alcoholic beverage in a public place.

Each of these offenses is a simple misdemeanor, punishable by a fine of up to $500 and a jail sentence of up to 30 days. For certain offenses, State law provides for mandatory fines and suspension of drivers licenses. For example, the mandatory fine for under-age possession of alcohol is $100 for a first offense and $200 for a second offense. A person over the legal age who gives, sells, or furnishes an alcoholic beverage to a person under the legal age commits a serious misdemeanor and is subject to a fine of between $500 and $1500 and in addition may be sentenced to jail for up to 1 year. If injury results from the furnishing of alcohol, an aggravated misdemeanor is committed and the guilty person is subject to a fine of between $500 and $5000 and in addition may be sentenced up to 2 years in prison. If death results from the furnishing of alcohol, a class D felony is committed and a guilty person may be sentenced to a prison term not to exceed 5 years and be subject to a fine between $750 and $7,500.